11 Nov 2014
GRACE TEAM ACCOUNTING LTD V BRAKE CA368/2013 [2014] NZCA 541
- Citation
- [2014] NZCA 541
- Court
- Court of Appeal
The Court of Appeal held that the Employment Court applied the correct legal test under s 103A (pre‑2011): the inquiry is objective and asks whether the employer's actions and manner were what a fair and reasonable employer would have done in all circumstances, including compliance with s 4 disclosure and consultation obligations; on the facts the Employment Court correctly found GTA's dismissal unjustified because it proceeded on materially erroneous financial information, failed to provide adequate information and explanation for selection, and acted precipitously; the Employment Court appl…